Baby M - Treatment Case Ends, Criminal Case Begins

Litigation over Baby "M's" treatment is over.  The criminal case against her parents will continue.



Medical Background.  Baby “M” suffered cardiac arrest and as a result was hospitalized in a “persistent vegetative state,” completely dependent on a mechanical ventilator and feeding tube for her survival.



Procedural History.  On Wednesday, the Alberta Court of Appeal ruled that an earlier court decision permitting clinicians to take Baby "M" off life support could not be appealed.  The parents had argued the decision should be left to them and they could not agree to withdrawing life-support due to religious convictions and love for their daughter.  



Nevertheless, the Court of Appeal states that “the child’s condition is irreversible and no further medical intervention is warranted.”  On Thursday, a motion to the Supreme Court of Canada to stay the decision was denied.  Baby “M” was then taken off the ventilator. 



Funeral.  On Saturday, Baby "M"'s funeral was held at the Al-Rashid Mosque in Edmonton.  During the service, both parents — who are facing assault and negligence charges in the case — were escorted into and out of the building separately by sheriffs through the back door of the mosque. Both were in handcuffs and shackles.  (Edmonton Sun)



Criminal Charges.  The parents are charged with aggravated assault, criminal negligence causing bodily harm and failing to provide the necessities of life.  A pediatrician is quoted in court documents saying bruises on the girls were “clearly due to multiple impacts” and “cannot be explained by only one event.”  Police have said that M’s death could mean the charges will be upgraded to criminal negligence causing death or the more serious charge of manslaughter.